Two readers sent me tips yesterday on important decisions from the Second and Third Circuit Courts of Appeals that will be of interest to class action practitioners: First, John G. Papianou of the Philadelphia firm Montgomery, McCracken, Walker & Rhoads, LLP forwarded a copy of the Third Circuit’s decision in Long v. Tommy Hilfiger U.S.A., Inc., No. 11-1554 (3d Cir., [...]
Posts Tagged ‘class arbitration waiver’
The Third Circuit Clarifies the Facts About FACTA While the Second Circuit Has a Different Concepcion of Class Arbitration Waivers
Posted in Antitrust Class Actions, Class Action Decisions, Class Action Trends, Consumer Class Actions, Supreme Court Decisions, tagged arbitration, circuit court of appeals, class arbitration waiver, concepcion, consumer class action, credit card, expiration date, FAA, FACTA, hilfiger, scotus, second circuit, stolt-nielsen, Supreme Court, third circuit on February 2, 2012 | 1 Comment »
Supreme Court Considers New Attack on Enforceability of Arbitration Agreements
Posted in Class Action News, Supreme Court Decisions, tagged arbitration, arbitration agreement, class action, class action waiver, class arbitration waiver, compucredit, concepcion, consumer class action, consumer rights, croa, FAA, federal arbitration, greenwood, oral argument, scotus, Supreme Court on October 11, 2011 | Leave a Comment »
It has only been a few months since the Supreme Court issued its decision in AT&T Mobility v. Concepcion, holding that state laws holding class arbitration waivers unenforceable as against public policy are preempted by the Federal Arbitration Act (FAA), and the Court is already considering a new case involving the enforceability of arbitration agreements in consumer contracts. [...]
Baker Hostetler Employment Class Action Newsletter Highlights Key Class Action Developments
Posted in Class Action Decisions, Class Action Trends, Other class action blogs, tagged arbitration, AT&T Mobility, Baker Hostetler, class action, class action waiver, class arbitration, class arbitration waiver, class certification, concepcion, daubert, dukes, expert testimony, FAA, wal-mart on October 5, 2011 | Leave a Comment »
Today’s edition of the Baker Hostetler Employment Class Actions Newsletter has two great articles worth noting. My colleague here in Denver, Holli Hartman, authored an article summarizing developments in challenges to class arbitration waivers following the Court’s decision in AT&T Mobility LLC v. Concepcion. Cleveland Partner Greg Mersol and Summer Associate George Skupski contributed an entry examining the application [...]
Southern District of Florida Holds that Arbitration Agreements May Still Be Found Unconscionable Under State Law After Concepcion
Posted in Class Action Decisions, Federal Court Decisions, tagged arbitration agreement, AT&T Mobility, checking account overdraft, class arbitration waiver, concepcion, FAA, preemption, southern district of florida, state law on September 6, 2011 | Leave a Comment »
Thanks to New York attorney William R. Weinstein for tipping me off to another hot-off-the-presses decision addressing class arbitration waivers following AT&T Mobility v. Concepcion. In an order entered September 1, 2011 in the MDL case In re Checking Account Overdraft Litigation, Judge James Lawrence King of the U.S. District Court for the Southern District of [...]
… And One More Decision Invalidating a Class Arbitration Waiver Following Concepcion
Posted in Class Action Decisions, tagged ambiguity, ambiguous, arbitration, AT&T Mobility, class arbitration waiver, concepcion, FAA, federal preemption, foulke, new jersey, preemption on August 17, 2011 | 1 Comment »
In an entry entitled Concepcion, Four Long Months Later, I summarized several decisions evaluating class arbitration waiver provisions following the Concepcion decision. I neglected to include the case of NAACP of Camden County East v. Foulke Management Corp., ___ N.J. Super. ___ (App. Div. 2011), in which a New Jersey state appellate court held an arbitration provision unenforceable under state law [...]
We’ll Leave the Light on For Ya (But First, You Might Want to Read the Fine Print)
Posted in Class Action Trends, Commentary, tagged arbitration, arbitration waiver, AT&T Mobility, class arbitration waiver, concepcion, hospitality, Supreme Court on May 31, 2011 | Leave a Comment »
David Waller, my partner at Baker Hostetler and hospitality lawyer extraordinaire, posted an entry in the firm’s Hospitality Lawg yesterday entitled AT&T Mobility v. Concepcion – Reconsidering Arbitration in the Hospitality Context. The article offers practical tips from a transactional lawyer’s perspective on how to take advantage of arbitration agreements in light of the Supreme Court’s decision. Although the article is directed [...]
Concepcion Point/Counterpoint
Posted in Class Action Trends, Commentary, Consumer Class Actions, tagged arbitration, arbitration waiver, AT&T Mobility, class action abuse, class action lawyer, class arbitration waiver, concepcion, consumer class action, corporate greed, defense lawyer, entrepreneurial litigation, plaintiffs' lawyer, scalia, trial lawyer on May 26, 2011 | 2 Comments »
In response yesterday’s entry discussing Daniel Fisher’s article on the potential impacts of Concepcion, I got one of the best comments that I’ve ever received on this site. It comes from Portland complex injury and consumer class action attorney David Sugerman, who blogs at www.davidsugerman.com. Of course, I disagree with just about every word of it, but with imagery like a bunch [...]
Will AT&T Mobility v. Concepcion Really Kill the Consumer Class Action?
Posted in Commentary, Consumer Class Actions, Practice Tips, Supreme Court Decisions, tagged arbitration, AT&T Mobility, class arbitration, class arbitration waiver, class waiver, concepcion, consumer class action, scalia, Supreme Court on May 25, 2011 | 6 Comments »
Daniel Fisher, who writes the Full Disclosure blog at Forbes.com, posted an article last Friday titled Has Scalia Killed the Class Action? Fisher’s article one of the best I’ve seen in discussing the potential practical impact that the Supreme Court’s recent class arbitration waiver decision in AT&T Mobility v. Concepcion may have on future consumer class action litigation. I highly recommend it. [...]
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Third Circuit Applies a Broad Reading of Concepcion
Posted in Class Action Decisions, Commentary, Federal Court Decisions, tagged AT&T Mobility, class action waiver, class arbitration, class arbitration waiver, concepcion, FAA, litman, Supreme Court, third circuit on September 1, 2011 | Leave a Comment »
My recent SCOTUSblog post on the October 2010 Supreme Court Term class action decisions does not address an important decision from the Third Circuit Court of Appeals, which was issued last week. In Litman v. Cellco Partnership, the Third Circuit held that New Jersey decision holding class arbitration waivers unconscionable was preempted by the Federal Arbitration Act. To [...]
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